Land Disturbance Activities
See Stormwater Ordinance for More Information
The requirements set forth in this Chapter are intended to:
- A. Control or eliminate soil erosion and sedimentation from construction site storm water runoff related to land disturbing activities within the city limits of Somerset;
- B. Control or eliminate waste from construction site operators that may cause adverse impacts to water quality.
3.2 LAND DISTURBANCE ACTIVITY
- A. Any activity disturbing one (1) or more acres of soil is subject to the provisions of this Ordinance and shall not take place without an authorized EPSC Permit.
- B. Unless determined to be a problem, the following activities are exempt from obtaining an EPSC Permit and the provisions of this Ordinance:
(1) Emergencies posing an immediate danger to life or property, substantial flood or fire hazards, or natural resources;
(2) Underground utility repairs in paved areas, home gardens, minor repairs, maintenance work, installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;
(3) Agricultural operations required to adopt and implement an individual agriculture water quality plan pursuant to the requirements set forth in the Kentucky Agriculture Water Quality Act (KRS 224); and
(4) Usual and customary site investigations, such as geotechnical explorations, clearing for surveying work, monitoring wells and archaeological explorations, which are undertaken prior to submittal of an application for a preliminary subdivision plat.
(5) Building improvements on existing residential dwellings (garages, additions, porches, etc.)
- C. The Issuing Authority may on a project-by-project basis exempt other minor land disturbance activities not specifically identified in the exemptions above.
- D. Land disturbance activities on individual lots or parcels that are part of a larger common plan of development are also subject to the provisions of this Ordinance. In this situation, if the individual lot or parcel owner is different than the Permittee of the larger common plan of development, the individual lot or parcel owner (i.e. builder) is responsible for complying with the provisions of these Regulations and is required to obtain an EPSC Permit. The Permittee of the larger plan of development is also responsible for EPSC measures for land disturbance activity on the individual lot or parcel until 80% build-out of the development is reached.